The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-05-04
Another Investigation To Be Made Into
the Election Conspiracy Cases.
Judge Woods Makes a Special Charge to the
New Federal Grand Jury, Calling Partic-
ular Attention to the Crimes.
He Maintains that the Cases Are Under
the Federal Courts Jurisdiction,
And Shows Conclusively that He Is Justified
in Beginning an Investigation-New Facts
Communicated to Judge Irwin.

When the federal grand jury assembled yester-
day afternoon 20 receive instructions from Judge
Woods, before entering upon their work. there
were not more than a half dozen persons present
besides the court officials, and it was hardly ex-
pected that there would be any thing unusual in
the Judges charge, but there was, and it doubt
less would have made the political rascals who
were referred to very nervous if they had beard
what was said. Mr.. D. w. Coffin. of this
city, chosen foreman of the jury,
the other members OF which are
II. Il. Lee. of this city; Rufus Abbott Aurora:
Henry G. Brush, Lebanon; John L. Carr,
Brookston; Timothy Cornesou. Kilmore;
Thomas Clawson New Castle: Washington J.
Dulin, Richmond; Jonathan Foltz. Ben Davis.
Marion county; William A. Gaskins, Farmers
burg; John Gregg, Rockfeld Nathan Hanlan,
Bethel; James Kaufman, Dana; William P
kizer, Winchester; William +. Mccoy, Clover
dale: John Ryan and Marion Slut,
Greenfield; r. 5. Sturgeon, franklin;
Richard Thrall, Shelbyville, and Henry
drawn. John r. Wilson. of vigo county: Ira
Bronson, of Farmland, and George Hall, of
Raleigh, were excused from service After Civ
ing the usual instructions regarding the indict-
ment of persons violating the postal, internal
revenEis and pension laws Judge Woods called
the attention of the jury to the tally sheet
forgeries in this county in the following special
CHARGE
There is subject, gentlemen, TO which I
ask you to give special consideration. refer to
violations of the election laws of the United
States, committed in indianapolis at the Con-
gressional election of 1856, and known as the
tally sheet frauds. You probably know that the
United States Circuit Court in passing on an ap-
peal from this court, recently held that the for
committed
did not affect the election of a representative in
Congress, and therefore not the subject of
Indictment in this court But aside from the
forgeries there are important phases %of these
frauds. now well known. which might actually
have affected, and in legal sense did affect, the
election of Congressman, and which. there
fore, afford unquestionable support for the
ton of federal jurisdiction; and it is to these
phases that your attention is invited.
Assuming that you already advised of the
outlines and general character of the transac-
tions question and OF the efforts of the ma
tonai and State authorities to find out and bring
the criminals to justice. / will, before making
specific reference to the facts, cite and ex-
plain the statutory enactments of the
State and Of the United States which in
this connection you will need 20 understand.
The Revised Statutes of Indiana (I5S1) pro-.
vide for two sets of returns of elections from
each voting place; one set consisting of the bal
lots cast or the lists of voters and one Of
the tally-papers, which together are to pe sealed
in a strong paper envelope or bag. and in that
condition TO be delivered to the clerk for pres
-,
41l4;l the other set consisting also of one OF the
lists of voters and one of the taly-papers, and,
besides, certificate under the hands of the
judges composing the board of judges
The frauds in question. seems to be well
understood and conceded, confined to re-
turns and papers of the second class. in respect
to which the statutory requirements are con-
tanned in Sections 4712 and AIS of the revision.
BY Section 47l2, when the votes, at any pre-
ciuct, shall be counted, the board of judges shall
make out a certificate under their hands, stating
and designating the office; and such
certificate together with of the lists of voters
and one OF the tally-papers shall be deposited
with the inspector. or with one of the judges So
lected by the board of judges"
And by Section AIS, The inspectors of each
township or precinct. or the judges of election
TO whom tho certificate, polbook and tally
papers shall have been delivered, shall
constitute board of canvassers who shall can
vasS and estimate the certificates, pol-.ists and
and tally-papers returned by each member of
said board; for which purpose they shall assem-
BILE at the court rthouse on the Thursday next sue
ceeGing such election" and by Section 47l7.
after compilation of the canvass, the canvass
sheet, together with such certificates, poll books
and sally papers shall be delivered to the clerk
and by him filed It his office"
1t is therefore duty imposed by law" partly
implied ana partly expressed, upon these in
spectors and judges safely to preserve the
papers ''depositedn with them and to return
the same intact to the board of canvassers and
equally the duty Of the board-of its members
and oficers-after completion of its work. to de-
liver the papers uuharmed to the clerk to be
fled in his Office.
The Importance of strict discharge of these
duties-desgned, as they seem TO have been. for
the purpose of raising barrier against the he
ginnings of evil and wrong doing in respect TO
the returns of elections-is manifest; and yet
believe the State, by whose law the duties
imposed, has provided sanction or penalty
against the violation neglect of them except
an oath of Office, whereby inspectors and judges
of election solsmny promise ito discharge faith
fully and impartally the duties assigned by law"
/ think not that this respect
the enactrnents of Congress display more wisdom
and efficiency than are shown in the legislation
of the State the subject. Beginning where
the State left off, Congress has declared be an
offeuse against the United States every omission
or breach, by any officer of election, of any duty
imposed by law, either of the State or of the
United States. if the omission breach be one
affecting, either actually potentially. the con-
gressional election. Thus by Section 5515. Re
vise6 Statutes of the United States. every officer
of an election at which any Representative in
Congress is voted for whether appointed under
authority of the United Sta es or of any State,
who negects or refuses to perform any duty in
regard to such election required of him by any
law Of the United States or o. any State
or who violates any duty SO imposed. is declared
punishable; and. by Section 55ll. if any person
by force threat, init tinidation, bribery,
reward or offer thereof or other uu.
lawful means. induces any officer of election
or officer whose duty 1t Is TO ascertain, announce
or declare the result of any such election
give or make any certificate, document evl.
dence in relation thereto, to violate or refuse tS
comply with his duty or any law regulating the
same or tby Section 55l2l If any suct
officer other person who has duty TO Der
form in relation such election
knowingly negiects refuses to perform any
duty required by law, violates any duty i'm
posed by law relating to or affecting such elec
ton or the result thereof (alfectingl any
tifcate, document or evidence In relation there
to- or If any person aids. counsels. procures OF
advises any such voter. person officer to DC
any act which is hereby made crime, or &c
omit any act the omission of which is hereby
made "a crime every such person Is hereby made
punishable" etc.
BY Section $780, ''If two more persons CON
spire 70 commit any offense against the United
States and one or more of such parties
do anv act to affect the object of such conspira-
F" CIV. all shall be liable 10 n nenaltvp
Now the facts TO which expect you to apply
these enactments. briefly stated. are: That the
certificates made under the hands of the boards
of Judges and accompanying tally papers. Tor hve
precincts of Indianapolis, were permitted. segli-
gently or o.hsrwlse. to be taken from la:eIu.